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Article 1. In order to strengthen the macro-adjustment and control over the survey and evaluation, prospecting, development and utilization of mineral resources, to protect and rationally utilize the mineral resources, to promote the improvement of ecological environment of mines, and to guarantee the sustainable development of economy and society, these Measures have been enacted in accordance with the Law of the People's Republic of China on Mineral Resources and the implementation rules thereof, and the Reply of the State Council on the Mineral Resource Planning of the Whole Nation. Article 2. These Measures must be observed in the implementation of mineral resource planning. Article 3. Mineral resource planning is an important basis for the examination and approval, and supervision of the survey and evaluation, prospecting, development and utilization of mineral resources. The survey and evaluation, prospecting, development and utilization, and protection of mineral resources, as well as the ecological restoration and land reclamation of mines, must conform to the mineral resource planning. The administrative departments of land resources of the people's governments at all levels must, in accordance with the requirements of the mineral resource planning, strictly examine the projects of survey and evaluation, prospecting, development and utilization, and protection of mineral resources, and the projects of ecological restoration and land reclamation of mines. Those projects not in conformity with the mineral resource planning may not be put on file, may not be approved, no license for prospecting or mining may be issued to them, and no site may be approved for them. Supervision and administration shall be earnestly strengthened according to the mineral resource planning in respect of the survey and evaluation, prospecting, development and utilization, and protection of mineral resources, and the ecological protection of mines. Article 4. The administrative departments of land resources of the people's governments at all levels are the departments in charge of the implementation of mineral resource planning. The administrative bodies of mineral resource planning set up under those departments (hereinafter referred to administrative bodies of planning) shall be in charge of the concrete supervision and administration of the implementation of mineral resource planning. The administrative departments of land resources shall guarantee the implementation of the Mineral Resource Planning of the Whole Nation within their respective administrative areas, be in charge of the implementation of the mineral resource planning at the corresponding level, and supervise and administer the implementation of the mineral resource planning at the lower level. Article 5. The projects of mineral resource investigation and evaluation and those of mineral resource protection that are funded by the central finance and local finance must conform to the mineral resource planning. The administrative bodies of planning shall examine whether the projects of mineral resource survey and evaluation and of mineral resource protection are in conformity with the mineral resource planning; those not in conformity with the planning may not be put on file. Article 6. The formulation of annual plans on projects of mineral resource survey and evaluation must be based on the mineral resource planning. Article 7. The establishment, application for examination and approval, invitation for bids, auction, listed assignment and disposition of the exploration right and mining right must conform to the principles and requirements of the mineral resource planning, and be in compliance with the macro-direction and control of the state planning and industrial policies. Article 8. The administrative bodies of planning shall, according to the mineral resource planning and the provisions on joint examination and approval of exploration right and mining right, take part in the joint examination and approval of exploration right and mining right. In case of assignment of the exploration right or mining right by invitation for bids, auction or listing, the administrative bodies of planning shall present planning opinions on the setting up of exploration right and mining right, and before the schemes on invitation for bids, auction or listing of the exploration right and mining right are determined, participate in the examination of such schemes. Article 9. In the joint examination and approval of the exploration right and in the examination of schemes on bid invitation, auction or listing of the exploration right, the administrative bodies of planning shall mainly examine whether the projects of mineral resource exploration meet the requirements of the mineral resource planning on the encouraged, restricted or prohibited mineral species and areas. Article 10. In the joint examination and approval of the mining right and in the examination of schemes on bid invitation, auction or listing of the mining right, the administrative bodies of planning shall mainly examine: (1) Whether the mineral species and mining areas to be mined meet the requirements of the mineral resource planning, where any mineral resources restricted or prohibited from mining by the mineral resource planning, or those subject to total quantity control are involved, strict examination shall be made on whether the application projects meet the requirements of adjustment and control of the planning; (2) Whether the mining projects meet the admission conditions for mining of mineral resources fixed by the planning; (3) Whether the schemes on development and utilization meet the direction on adjustment of the structure and layout of the mining and utilization fixed by the planning; (4) Whether the schemes on the ecological protection and restoration and land reclamation of the mines meet the requirements of the planning; and (5) Other matters that the administrative department of land resources under the State Council deems necessary to be examined. Article 11. In respect of the mineral resources subject to total mining quantity control provided for by the mineral resource planning and the relevant policies, the administrative departments of land resources may, in accordance with the requirements of the mineral resource planning and the policies, and in light of the actual situations of the locality, formulate the annual scheme on total mining quantity control of their respective administrative areas. Article 12. To apply for a project of ecological restoration and land reclamation of mines, a party must submit the project proposal and implementation scheme to the department of examination and approval. The administrative bodies of planning at the corresponding level shall examine whether the project proposal and implementation scheme meet the requirements of the mineral resource planning on the ecological restoration and land reclamation of the mines. The project not in conformity with the planning requirements may not be approved or put on file. Article 13. In the ecological restoration and land reclamation of the mines, the party with mining right shall, apart from observing the provisions of the relevant laws and regulations and the requirements of the mineral resource planning, also comply with the relevant requirements of the overall planning on land use and the special planning on land development and sorting. Article 14. The administrative departments of land resources of the peoples' governments at all levels shall establish the system in which the leader is to assume full responsibility for the administration of the implementation of mineral resource planning, and shall bring the administration of implementation into the system of administration objectives. The objectives and major indexes of the mineral resource planning at all levels must be brought into the planning on national economic and social development at the corresponding level for strict implementation, and the assessment shall be carried out. Article 15. The mineral resource planning must be strictly carried out once approved, and may not be changed at will. In the implementation of mineral resource planning, if any adjustment or modification is really necessary due to special causes, the department that originally formulated the planning shall, pursuant to the relevant procedures and provisions, present the scheme on adjustment or modification of the planning, and submit the scheme to the department that originally examined and approved the planning for approval. Article 16. The mineral resource planning shall be proclaimed in a timely way after being approved, and be widely publicized to enhance the public sense of mineral resource planning, and be subject to the public supervision over the execution of the planning. Article 17. The administrative departments of land resources of the people's governments at all levels shall earnestly strengthen the supervision and inspection over the execution of the mineral resource planning, and shall include the execution of the mineral resource planning as an important content of the supervision over land resource law enforcement. Article 18. The administrative departments of land resources of the people's governments at all levels shall, strictly in accordance with the mineral resource planning, supervise and administer the survey and evaluation, prospecting, development and utilization of mineral resources and the ecological restoration and land reclamation of the mines. The contents of supervision and inspection shall include those subject to planning examination provided for by these Measures. Article 19. The administrative departments of land resources of the people's governments at all levels shall, in accordance with the laws and regulations and the mineral resource planning, comprehensively use legal, economic, technical and necessary administrative means to close down the mines which have irrational layout, seriously waste the resources, undermine the ecology, pollute the environment and have no conditions for safe production; guide the small-scale mines with intensive layout to jointly operate the business, to develop and utilize the mineral resources in an economic way, to adjust and optimize the structure and layout of the development and utilization of mineral resources, and to enhance the resources utilization rate. Article 20. The administration information system of mineral resource planning shall be established, and be connected with the administration information system of exploration right and mining right, as well as other administration information systems, to provide planning information service to the government and public on the survey and evaluation, prospecting, development, utilization and protection of mineral resources, and on the ecological protection and restoration of mines, thus to improve the efficiency and level of the planning administration. Article 21. An applicant for the exploration right or mining right may, before applying for the exploration right or mining right, inquire whether the application project meets the requirements of the mineral resource planning, and shall submit the mineral species, areas to be explored and mined and other basic information for the inquiry. Article 22. The administrative departments of land resources of the people's governments at all levels shall strengthen the survey, monitoring and statistics on the execution of the mineral resource planning, to provide basic information for decision-making in the planning administration. Article 23. The administrative departments of land resources shall, in a timely way, correct those exploring and mining mineral resources in violation of laws and regulations and the mineral resource planning; shall firmly punish, pursuant to law, those causing damage to mineral resources, and shall prosecute the criminal responsibilities where a crime is constituted. Article 24. The administrative departments of land resources at the higher levels shall, in a timely way, correct those approving and issuing license for exploration and for mining in violation of laws and regulations and the mineral resource planning, and shall investigate for the responsibilities of the directly responsible personnel and the relevant leaders; shall give heavier punishments to those approving and issuing license for exploration and for mining in the areas prohibited from exploration and mining fixed by the planning; shall investigate for the responsibilities if losses are caused to the parties concerned, and the responsible entity shall compensate for the losses of the opposite party. Article 25. If any functionary engaging in the administration of land resources neglects the duties, abuses the powers, seeks private benefits through wrongful means, demands or accepts bribes in the implementation of the mineral resource planning, he/she shall be given administrative sanctions, and the criminal responsibilities shall be prosecuted for if a crime is constituted. Article 26. The administrative departments of land resources of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government may formulate concrete implementation opinions in accordance with these Measures and in light of the actual situations of their respective localities. Article 27. The power to interpret these Measures shall remain with the Ministry of Land and Resources. Article 28. These Measures shall come into force as of the date of their promulgation. |
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