Ministry of Land and Resources of the People's Republic of China

Ministry of Land and Resources of the People's Republic of China

No. 44

The Regulations on Mine Geological Environmental Protection has been reviewed and approved at the 4th Ministerial Meeting of the Ministry of Land and Resources on February 2, 2009. It is hereby promulgated and will be implemented as of May 1, 2009.

Chapter I General Provisions

The first one is to protect the geological environment of the mine, reduce the damage of the geological environment caused by the exploration and exploitation of mineral resources, protect the safety of people's lives and property, promote the rational development and utilization of mineral resources and the coordinated development of economy, society, resources and environment, according to the Chinese people. These Regulations are formulated by the Republic’s Mineral Resources Law and the Regulations on Prevention and Control of Geological Hazards.

Article 2 These regulations apply to the prevention and treatment of ground subsidence, ground fissures, collapses, landslides, aquifer damage, topographical landscape damage, etc. caused by mineral resources exploration and mining activities.

Where the exploitation of mineral resources involves land reclamation, it shall be implemented in accordance with the laws and regulations of the State concerning land reclamation.

Article 3 The geological environment protection of mines shall adhere to the principle of prevention and prevention, and who will develop the principle of protection, who destroys who governs, who invests and who benefits.

Article 4 The Ministry of Land and Resources is responsible for the protection of the mine geological environment throughout the country.

The local land and resources administrative department at or above the county level shall be responsible for the mine geological environmental protection work in its administrative area.

Article 5 The State encourages the scientific and technological research on mine geological environment protection, popularizes relevant scientific and technological knowledge, promotes advanced technologies and methods, formulates relevant technical standards, and improves the scientific and technological level of mine geological environment protection.

Article 6 The State encourages enterprises, social groups or individuals to invest in the restoration and restoration of the geological environment of closed or abandoned mines.

Article 7 Any unit or individual has the right to report and sue for violations of the mine geological environment.

Chapter II Planning

Article 8 The Ministry of Land and Resources is responsible for the investigation and evaluation of the national mine geological environment.

The administrative departments of land and resources of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the investigation and evaluation of the mine geological environment within their respective administrative regions.

The municipal and county land and resources administrative departments shall carry out the survey and evaluation of the mine geological environment in their respective administrative areas according to the actual conditions of the region.

Article 9 The Ministry of Land and Resources shall prepare a national mine geological environment protection plan based on the results of the national mine geological environment survey and evaluation.

The administrative departments of land and resources of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the national mine geological environment protection plan, combine the results of the survey and evaluation of the mine geological environment in their respective administrative regions, and prepare the mine geological environment protection plans of the provinces, autonomous regions and municipalities directly under the Central Government, after review by the Ministry of Land and Resources, Reported to the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government for approval.

The preparation and approval of the municipal and county-level mine geological environment protection plans shall be prescribed by the administrative departments of land and resources of the provinces, autonomous regions and municipalities directly under the Central Government.

Article 10 The mine geological environment protection plan shall include the following contents:

(1) Current status and development trend of mine geological environment;

(2) Guiding ideology, principles and objectives of mine geological environment protection;

(3) The main tasks of mine geological environment protection;

(4) Key projects for mine geological environment protection;

(5) Planning and implementing safeguard measures.

Article 11 The mine geological environment protection plan shall conform to the mineral resources planning and be coordinated with the overall land use planning and geological disaster prevention and control planning.

Chapter III Governance Recovery

Article 12 When applying for a mining license, an applicant for mining rights shall prepare a mine geological environment protection and treatment restoration plan, and report it to the land and resources administrative department with the approval authority for approval.

The mine geological environment protection and governance restoration plan shall include the following contents:

(1) Basic conditions of the mine;

(2) Current status of the geological environment of the mine;

(3) Analysis and assessment of the impact of mining on the geological environment (including geological hazard assessment);

(4) Mine geological environment protection and treatment restoration measures;

(5) Mine geological environment monitoring plan;

(6) Budget estimates for mine geological environment protection and governance restoration projects;

(Vii) deposit mine geological environment protection and management to ensure the recovery of gold undertaking.

If the mine geological environment protection and treatment restoration plan has been prepared in accordance with the provisions of the preceding paragraph, the geological disaster risk assessment will not be carried out separately.

Article 13 The preparation unit of the mine geological environment protection and governance restoration plan shall meet the following conditions:

(1) Having geological disaster risk assessment qualification or geological disaster control engineering exploration, design qualification and related work performance;

(2) Professional and technical personnel who have passed the training of the mine geological environment protection and governance restoration plan organized by the Ministry of Land and Resources and have passed the examination.

Article 14 If the applicant for mining rights has not compiled the mine geological environment protection and treatment restoration plan, or the mine geological environment protection and treatment restoration plan has not met the requirements, the land and resources administrative department with the approval authority shall inform the applicant to make corrections; If the application is not corrected within the time limit, the application for mining rights will not be accepted.

Article 15 If the mining right holder expands the mining scale, changes the scope of the mining area or the mining method, it shall re-form the mine geological environment protection and treatment restoration plan and report it to the original approval authority for approval.

Article 16 The mining right holder shall strictly implement the approved mine geological environment protection and treatment restoration plan.

The design and construction of the mine geological environment protection and treatment restoration project shall be carried out simultaneously with the mining activities of mineral resources.

Article 17 Where mining mineral resources cause damage to the geological environment of the mine, the mining right holder shall be responsible for the recovery and recovery, and the cost of treatment recovery shall be included in the production cost.

Where the person responsible for the restoration of the geological environment of the mine is lost, the municipal and county administrative departments of land and resources where the mine is located shall use the special funds approved by the municipal and county people's governments for the restoration of the government.

The Ministry of Land and Resources, the administrative department of land and resources of provinces, autonomous regions and municipalities directly under the Central Government shall grant financial subsidies to the municipal and county land and resources administrative departments in accordance with the requirements of the mine geological environment protection plan and the requirements of the mine geological environment control project management system.

Article 18 The mining right holder shall, in accordance with the relevant provisions of the State, deposit the restoration deposit for the geological environment management of the mine.

The deposit and storage methods for the restoration of the geological environment of the mine shall be carried out in accordance with the regulations of the province, autonomous region or municipality directly under the Central Government. The deposit amount of the restoration of the geological environment of the mine shall not be lower than the cost of the restoration of the geological environment of the mine.

The mine geological environment governance recovery deposits follow the principles of enterprise ownership, government supervision, special account storage, and special funds.

Article 19 The mining right holder shall fulfill the obligation to restore the geological environment of the mine in accordance with the requirements of the mine geological environment protection and treatment restoration plan. If the relevant land and resources administrative department is qualified for inspection and acceptance, the mine geological environment shall be returned according to the performance of the obligation. Governance recovery deposit and interest.

If the mining right holder fails to fulfill the mine geological environment management recovery obligation, or fails to meet the requirements of the mine geological environment protection and treatment recovery plan, if the experience fails to pass the test, the relevant land and resources administrative department shall order the mining right holder to fulfill the mine geological environment governance recovery obligation within a time limit. .

Article 20 Where the mining area, minerals or mining methods are changed, the mining right holder shall deposit the recovery guarantee deposit for the geological environment of the mine in accordance with the changed standards.

Article 21 After the restoration of the geological environment of the mine, the state encourages the development of mines with minerals with ornamental value and scientific research value.

The National Mine Park shall be declared by the administrative department of land and resources of the province, autonomous region or municipality directly under the Central Government, and shall be examined and announced by the Ministry of Land and Resources.

Article 22 National mine parks shall meet the following conditions:

(1) Mining relics of typical, rare and scientific value of the unique genetic types of deposits in China;

(2) Abandoned mines or part of mine sections recovered by mine geological environment management;

(3) The natural environment is beautiful and the mining culture has a long history;

(4) The location is superior, the science infrastructure is perfect, and the tourism potential is available;

(5) The ownership of the land is clear and the overall planning of the mine park is scientific and reasonable.

Article 23 Before the mine is closed, the mining right holder shall complete the obligation to restore the geological environment of the mine. When applying for the closed pit procedure, the mining right holder shall pass the acceptance inspection by the land and resources administrative department and submit the acceptance document. After the examination, the mine geological environment management recovery deposit shall be returned.

If the overdue non-fulfillment of the obligation to rectify the restoration or the resumption of governance still fails to meet the requirements, the administrative department of land and resources shall use the mining geological environment to restore the deposit and guarantee the organization of the deposit, and the insufficient funds for the management shall be borne by the mining right holder.

Article 24 Where the transfer of mining rights is transferred, the obligation of mine geological environment protection and governance restoration shall be transferred at the same time. The transferee of the mining right shall perform the obligations of mine geological environment protection and restoration in accordance with these regulations.

Article 25: In the exploration of mineral resources by means of trenching and pit exploration, if the prospecting right owner fails to apply for mining rights after the end of the mineral resources exploration activity, it shall take corresponding measures for restoration and recovery, and drill holes for the exploration of mineral resources. Exploration wells, trenches, and roadways are backfilled and closed, and the dangerous rock and dangerous slope formed are restored and restored to eliminate potential safety hazards.

Chapter IV Supervision and Management

Article 26 The administrative department of land and resources at or above the county level shall supervise and inspect the mining rights person's performance of the geological environment protection and governance restoration obligations of the mine.

The relevant responsible person shall cooperate with the supervision and inspection of the land and resources administrative department at or above the county level, and provide necessary information to truthfully reflect the situation.

Article 27 The administrative department of land and resources at or above the county level shall establish a mine geological environment monitoring work system within its administrative region, improve the monitoring network, conduct dynamic monitoring of the mine geological environment, and guide and supervise the mining right holders to carry out mine geological environment monitoring. .

The mining right holder shall regularly report the geological environment of the mine to the county-level land and resources administrative department where the mine is located, and submit the monitoring data truthfully.

The county-level land and resources administrative department shall regularly report the collected mine geological environment monitoring information to the upper-level land and resources administrative department.

Article 28 The administrative department of land and resources at or above the county level shall, when performing the duties of supervision and inspection of mine geological environment protection, have the right to carry out the implementation of the restoration and restoration measures established by the mine geological environment protection and treatment restoration plan and the monitoring of the geological environment of the mine. On-site inspections have the right to stop and investigate and deal with violations of these regulations.

Article 29 If an activity such as mining mineral resources causes an accident in the geological environment of the mine, the responsible person shall take emergency measures and immediately report to the local people's government.

Chapter V Legal Liability

Article 30 In case of violation of these Provisions, the mine geological environment protection and treatment restoration plan shall not be prepared, or the mining scale shall be expanded, the mining area or mining method shall be changed, and the mine geological environment protection and treatment recovery plan shall not be re-formulated and approved by the original If the authority approves, the administrative department of land and resources at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall impose a fine of not more than 30,000 yuan, and the administrative department of land and resources that issues the mining license shall not pass the annual inspection of its mining license.

Article 31 Anyone who violates the provisions of Articles 16 and 23 of these Provisions and fails to comply with the approved mine geological environment protection and treatment restoration plan, or fails to complete the restoration before the mine is approved to close or close the pit The competent department of land and resources at or above the county level shall order it to make corrections within a time limit; if it refuses to make corrections within the time limit, it shall impose a fine of not more than 30,000 yuan, and shall not accept its application for new mining rights within 5 years.

Article 32 If, in violation of Article 18 of these Provisions, the deposit for restoration of mine geological environment is not paid on schedule, the administrative department of land and resources at or above the county level shall order it to pay within a time limit; if it fails to pay overdue, it shall be 30,000 yuan. The following fine. The land and resources administrative department that issues the mining license shall not pass its annual report on mining activities and shall not accept the application for renewal of mining rights.

Article 33 In case of violation of the provisions of Article 25 of these Provisions, if the prospecting right holder fails to take measures for remediation, the administrative department of land and resources at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be under 30,000 yuan. A fine will not be accepted for new prospecting and mining rights applications within 5 years.

Article 34 Whoever violates these Provisions, disturbs or hinders mine geological environmental protection and remediation, invades, damages or damages mine geological environment monitoring facilities or mine geological environment protection and treatment restoration facilities, shall be the administrative director of land resources at or above the county level. The department shall order it to stop the illegal act, restore the original condition within a time limit or take remedial measures, and impose a fine of not more than 30,000 yuan; if it constitutes a crime, it shall be investigated for criminal responsibility according to law.

Article 35. If the staff of the administrative department of land and resources at or above the county level violates these regulations and neglects their duties, abuses their powers, and engages in malpractices in the supervision and management of mine geological environment protection and governance, they shall be given administrative sanctions according to law; Whoever commits a crime shall be investigated for criminal responsibility according to law.

Chapter VI Supplementary Provisions

Article 36 For mines that have been built or are under construction before the implementation of these Provisions, the mining right holders shall prepare a mine geological environment protection and treatment restoration plan in accordance with these regulations, report to the original mining license examination and approval authority for approval, and deposit the mine geological environment for restoration and restoration. Margin.

Article 37 These Provisions shall come into force on May 1, 2009.

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