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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II REGISTRATION OF MINERAL RESOURCES RESERVE CHAPTER III MINERAL RESOURCES STATISTICS CHAPTER IV ADMINISTRATION OF THE REGISTRATION AND STATISTICAL DOCUMENTS CHAPTER V LEGAL LIABILITIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Measures are hereby formulated in accordance with the Law of Mineral Resources of the People's Republic of China and the Statistical Law of the People's Republic of China and the relevant administrative regulations, for the purpose of strengthening the administration on mineral resources registration and statistics and maintaining the state ownership of mineral resources. Article 2. Those who undertake mineral resources prospecting or exploitation or whose project construction covers important mineral resources within the territory of the People's Republic of China and other sea areas within its jurisdiction, shall make mineral resources registration and statistics in accordance with the provisions of the present Measures. Article 3. The mineral resources registration and statistics mentioned in the present Measures shall include registration of mineral resources reserve and mineral resources statistics. The registration of mineral resources reserve mentioned in the present Measures refers to the activities of registration of the type, quantity, quality and characteristics, producing area and other relevant conditions of the mineral resources reserve that is found, impropriated, left over or covered by the competent administrative departments of land and resources above the county level. The mineral resources statistics mentioned in the present Measures refer to the activities of making statistics on the variation of mineral resources reserve and their development and utilization by the competent administrative departments of land and resources above the county level. Article 4. The Ministry of Land and Resources shall be responsible for the administration on the registration and statistics of mineral resources of the whole country. The local administrative departments of land and resources above the county level shall be responsible for the administration on the mineral resources registration and statistics within their jurisdictions, excluding the registration and statistics of petroleum, natural gas, coal bed gas, and radioactive minerals. CHAPTER II REGISTRATION OF MINERAL RESOURCES RESERVE Article 5. Under any of the following circumstances, the owners of exploration right or mining right or the construction entities shall go through registration formalities on mineral resources reserve in accordance with the present Measures: (1) The owners of exploration right have found out mineral resources reserve in different exploration processes; (2) The applicants for mining right apply for impropriating mineral resources reserves; (3) The owners of mining right adjust the impropriated mineral resources reserve due to alteration of scope of mining fields; (4) There are remaining or surplus mineral resources reserve after the mines are closed down or closed up; (5) The project construction covers important mineral resources reserve; or (6) Other mineral resources reserve prescribed by the administrative departments of land and resources above the provincial level. Where the mineral resources reserve impropriated by the owners of mining right has changed greatly, the competent administrative departments of land and resources above the county level shall determine whether to make registration on the newly calculated mineral resources reserve. Article 6. The following documents shall be submitted to the competent administrative departments of land and resources above the county level when registering the mineral resources reserve: (1) The mineral resources reserve registration document; (2) Position paper for appraisal or examination of mineral resources reserve; and (3) The appraisal report on mineral resources reserve and the main attached drawings, attached tables or attached documents. In addition to submitting the documents prescribed in the foregoing paragraph, the owners of exploration right or mining right shall also submit the photocopies of license of exploration or mining at the same time. Meanwhile, the construction entities which have covered important mineral resources shall, submit the documents of approval of the Ministry of Land and Resources or those of the administrative departments of land and resources at the provincial level for covering important mineral resources as well. Article 7. The following provisions shall be followed for handling the registration of mineral resources reserve: (1) The mineral resources reserve found out by the owners of exploration right shall be registered by the original license issuing administrative departments of land and resources within 15 days after it has passed the appraisal of mineral resources reserve; (2) Where the applicants for mining right apply for the mineral resources reserve impropriated, the license issuing administrative departments of land and resources shall make registration on such mineral resources reserve at the same time of handling license of mining; (3) Where the owners of mining right adjust the impropriated mineral resources reserve due to the alteration of the scope of mining fields, that shall be handled by the former license issuing administrative departments of land and resources at the same time of handling the formalities for alteration of license of mining; (4) The mineral resources reserve left over or remains after the owners of mining right close down or close up the mines shall be handled by the original license issuing administrative departments of land and resources at the time of handling the formalities for writing off the license of mining; and (5) The important mineral resources reserve, which is covered by items of construction project, shall be handled by the administrative departments of land and resources, who approve the use of land for construction at the same time of handling approval formalities for land use of construction. Article 8. The registered mineral resources reserve is the basis for mineral resources planning, administration, protection and proper utilization, and no entity or individual may alter it without permission and without going through legal procedures. Article 9. The upper level administrative departments of land and resources shall, within 10 days after completing the formalities for mineral resources reserve registration, notify the registration conditions of mineral resources reserve to the lower level administrative departments of land and resources of the places where the mines are located. CHAPTER III MINERAL RESOURCES STATISTICS Article 10. The Ministry of Land and Resources shall be responsible for formulating the plan for mineral resources statistics and investigation, which shall be implemented after being reported to and approved by the administrative department of statistics under the State Council. The Ministry of Land and Resources shall be responsible for issuing information on mineral resources statistics of the whole country periodically to the society. Article 11. The basic statistical form for mineral resources and the specification for filling it out, which are made by the Ministry of Land and Resources and approved by the administrative department of statistics under the State Council, shall be used for mineral resources statistics. The basic statistical form for mineral resources shall cover the basic conditions of owners of mining and the mines or petroleum or natural gas, the throughput and actual output, technical index for mining and dressing, components of minerals and quality indexes, the variation of mineral resources reserve impropriated, the comprehensive utilization of the coexisting minerals and satellites, etc. For the mineral resources reserve found out, covered, or left over, which fails to be listed in the basic statistical form for mineral resources, and their variation conditions, and the relevant conditions concerning the impropriation of the mineral resources reserve, statistics shall be made in accordance with the mineral resources reserve registration documents. Article 12. The statistical period for exploitation of mineral resources shall be the year, with the scope of mining fields defined in the license of mining as the basic statistical unit, but the basic statistical unit of the minerals of petroleum and natural gas shall be the oil field and the gas field. Article 13. The owners of mining right shall, before the end of January each year, finish the work for filling out the basic statistical form for mineral resources, and shall report the form in triplicate to the administrative departments of land and resources at the county level at the place where the mining fields are located. If the statistical units cover two districts, the form shall be reported to the administrative departments of land and resources at the county level designated by their common upper level administrative departments of land and resources. For exploiting oil, natural gas, coal bed gas, and radioactive minerals, the owners of mining right shall finish the work of filling in the form of the basic statistical form for mineral resources by the end of March of each year, and report it in duplicate to the Ministry of Land and Resources. Article 14. The upper level administrative departments of land and resources shall be responsible for making examination and on-the-spot selective examination and consolidated analysis on the statistical data reported by the lower level administrative departments of land and resources and the basic statistical forms for mineral resources submitted directly by the owners of mining right. The administrative departments of land and resources at the provincial level shall report the statistical data determined after examination to the Ministry of Land and Resources before the end of March every year. Article 15. The competent administrative departments of land and resources at the county level shall perform the following statistical functions: (1) Inputting or collecting the mineral resources reserve notified by the upper level administrative departments of land and resources after registration or registered by the departments at the corresponding level; (2) Organizing the filling-in of the basic statistical form for mineral resources of the owners of mining right within their administrative region, the examination, input and on-the-spot selective examination on data; (3) Collecting statistics on the variation of registered mineral resources reserve and the mineral resources reserve impropriated by the owners of mining right within the corresponding regions; (4) Collecting statistics on the development and utilization by the owners of mining right within the corresponding regions; and (5) Submitting the statistical documents prescribed in items 3 and 4 of this Article to the upper level administrative departments of land and resources. Article 16. The filling-in of the basic statistical form for mineral resources shall be made in accordance with facts, be accurate, complete, and in time, and shall comply with the provisions on statistics and checking, examination and testing, calculation, etc.. No one may make a false report, report by disguising the relevant facts, defer reporting, or refuse to report. CHAPTER IV ADMINISTRATION OF THE REGISTRATION AND STATISTICAL DOCUMENTS Article 17. The administrative departments of land and resources shall establish archive management system for mineral resources registration and statistics documents, and strengthen management on the documents of mineral resources registration and statistics, statistical ledgers and database thereof within their own administrative regions. A uniform electronic text shall be attached when submitting the documents of the mineral resources registration and statistics of the whole country. The database for the mineral resources registration and statistics of the whole country shall be formulated by the Ministry of Land and Resources uniformly. The owners of exploration right or mining right and the construction entity shall establish archive management system for documents of registration and mineral resources statistics, and keep properly the documents of registration and mineral resources statistics, statistical ledgers and other relevant documents of their own entities, and accept the supervision and examination by the administrative departments of land and resources above the county level. Article 18. The owners of exploration right or mining right and the construction entities shall cooperate with the administrative departments of land and resources for their examination and on-the-spot selective examination on mineral resources registration and statistics documents, and provide the relevant data according to the facts. Article 19. In case the owners of exploration right or mining right and the construction entities require to keep confidential for the mineral resources registration and statistics documents, the competent administrative departments of land and resources shall keep confidential for them according to law. The administrative departments of land and resources above the county level shall observe the provisions of the confidential laws and regulations of the state when publicizing the information on mineral resources registration and statistics of their own regions, or providing the relevant information services. Article 20. The competent administrative departments of land and resources above the county level shall assign competent personnel with respective special knowledge to undertake the work of registration and statistics, and make checking and evaluation on the registration and statistical personnel periodically; and grant honor and awards to those who have made prominent achievements and great contributions. CHAPTER V LEGAL LIABILITIES Article 21. Where an owner of mining right does not fill in the basic statistical form for mineral resources in accordance with the present Measures, or makes a false report, or reports by disguising the relevant facts, or refuses to report, or defers reporting the mineral resources statistical data, or refuses to accept examination, on-the-spot selective examination or practices fraud, it shall be punished in accordance with Article 18 of the Measures for the Administration on Mineral Resources Exploitation Registration, Article 16 of the Provisions on the Administration of Collection of Compensation Fees for Mineral Resources, as well as the Statistical Law of the People's Republic of China and its Detailed Implementation Rules. Article 22. In case any functionary of the administrative departments of land and resources neglects his/her duty, misuses the authority, practices favoritism or malpractice, he/she shall be imposed upon an administrative punishment according to law. If a crime is constituted, he/she shall be prosecuted for criminal liabilities according to law. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 23. The present Measures shall be implemented as of March 1, 2004. The Interim Measures for the Administration on Mineral Reserves Registration and Statistics promulgated by the former Ministry of Geology and Minerals on January 3, 1995 shall be repealed simultaneously. |
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